California employers scored a major victory regarding meal and rest periods as the result of a new California Court of Appeals decision, Brinker Restaurant Corp. v. Superior Court. Under the ruling, employers must provide meal periods by making them available, but need not ensure that they are taken. To read Stoel Rives’ detailed synopsis of the
California Paid Sick Leave Bill Dies in Committee
A California bill to provide universal paid sick leave died in committee last week, following intensive lobbying efforts from small businesses and their lobbyists. The bill would have granted employees of small companies in California up to five days of paid sick leave each year, while workers at larger companies could take up to nine
California Supreme Court Confirms Noncompetes Are Invalid
In a 7-0 decision yesterday, the California Supreme Court held that a noncompetition agreement signed by a former Arthur Andersen CPA was invalid under California law. In Edwards v. Arthur Andersen LLP, the court reminded us that noncompetition agreements are invalid under California’s Business and Professions Code section 16600, even if they are written narrowly enough not to
Oregon Supreme Court: Corporate Directors Not Employees
The Oregon Supreme Court recently ruled that a corporation’s board of directors are not employees, and therefore not subject to Oregon’s unemployment tax. In Necanicum Investment Co. v. Oregon Employment Department, the Supreme Court reversed a 2007 Oregon Court of Appeals decision that had held unemployment tax should be assessed on the fees paid
Oregon Court of Appeals Rules Obesity Surgery Covered by Workers’ Compensation
In SAIF Corp. v. Sprague, the Oregon Court of Appeals ruled earlier this week that an obese employee’s gastric bypass surgery was coverd by workers’ compensation. For the full opinion, click here.
The employee in Sprague suffered an on-the-job knee injury in in 1976. He weighed 225 pounds at the time of the injury.
Jail Time For Washington Employer
As part of a plea agreement reached earlier this month, Jerry and James Schram, co-owners of a Vancouver, Washington construction company, will serve 30 days of jail time and perform community service. Their crime? Hiding information in an attempt to reduce their workers’ compensation premiums. In addition, the Schrams also pleaded guilty to misdemeanors
Oregon: Leave for Olympic Athletes?
Local athletes did remarkably well at the 2008 Track and Field Olympic Trials in Eugene, Oregon, which raises an interesting leave issue. It’s an obscure law, but Oregon requires employers to give Olympic athletes leave to compete. Under ORS 659.865, it is an unlawful employment practice for an employer to infringe on an employee’s
Ninth Circuit Affirms “Emotional Distress Damages” Caused by Denial of FMLA Leave
Plaintiffs suing their employers under the Family and Medical Leave Act ("FMLA") may recover lost wages, but they may not recover emotional distress damages. What if an employee misses work because of emotional distress that is caused by a wrongful denial of FMLA leave? The Ninth Circuit Court of Appeals recently ruled that such damages are a form of lost wages and therefore may be recovered under FMLA.
Continue Reading Ninth Circuit Affirms “Emotional Distress Damages” Caused by Denial of FMLA Leave
Hang Up and Drive! Washington and California Ban Cell Phone Use While Driving
Last night I was riding home and was almost run off the street by a woman reading a novel while driving, when I remembered: Effective July 1, 2008, new laws in California and Washington prohibit the use of hand-held cell phones while driving. Drivers may, however, use a cell phone if the communication is made
Idaho Supreme Court Clarifies Covered Employment for Unemployment Insurance Tax Purposes
In Excell Construction Inc. v. Idaho Department of Commerce and Labor, the state’s high court provided a detailed analysis of each the factors to be considered in determining whether a worker is covered for tax purposes. The court adopted a list of fifteen factors an employer should consider in making that determination (and that